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ENFORCEMENT DECREE OF THE ARBITRATION INDUSTRY PROMOTION ACT

Presidential Decree No. 28148, jun. 27, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Arbitration Industry Promotion Act and necessary matters for the enforcement thereof.
 Article 2 (Facilities for Dispute Resolution)
“Facilities prescribed by Presidential Decree” in subparagraph 3 of Article 2 of the Arbitration Industry Promotion Act (hereinafter referred to as the “Act”) means a facility with a place falling under any of the following: Provided, That a place under subparagraph 1 shall be provided without fail:
1. A room for examination or meeting and other places to proceed with examination for dispute resolution;
2. An office or public relations office provided for specialized activities to promote arbitration;
3. An educational facility to provide education specialized in resolving disputes.
 Article 3 (Formulation of Master Plan to Promote Arbitration Industry)
(1) The Minister of Justice shall formulate the Master Plan for Promoting Arbitration Industry under Article 3 (1) of the Act (hereinafter referred to as the “master plan”) by December 31 of the preceding year of the starting year of the plan.
(2) When the Minister of Justice formulates or amends the master plan, he or she shall make a public announcement thereof on the website or by other means.
(3) Where necessary to formulate or amend the master plan, the Minister of Justice may request the head of a relevant administrative agency or local government to submit the relevant data.
 Article 4 (Projects Necessary for Creating Foundation to Promote Arbitration Industry)
“Projects … prescribed by Presidential Decree” in subparagraph 3 of Article 4 of the Act means any of the following:
1. Projects for encouraging the use of and disseminating the arbitration system;
2. Research to improve statutes and regulations, or the system related to arbitration;
3. Survey on the actual state and statistics of the arbitration industry;
4. Establishment and operation of the online system for dispute resolution using information and communications technology including computer and videotelephony;
5. Publicity activities and education for government agencies and public institutions to use arbitration;
6. Support for small and medium enterprises, micro enterprises, and low-income households to use the arbitration system.
 Article 5 (Projects Necessary for Promotion of Installation and Invigoration of Operation of Facilities for Dispute Resolution)
“Projects … prescribed by Presidential Decree” in subparagraph 2 of Article 5 of the Act means any of the following:
1. Installation and operation of facilities for dispute resolution;
2. Establishment and operation of the website of facilities for dispute resolution;
3. Monitoring and assessment of facilities for dispute resolution;
4. International exchange and cooperation related to facilities for dispute resolution;
5. Nurturing of professional manpower to operate facilities for dispute resolution;
6. Research and survey on overseas facilities for dispute resolution.
 Article 6 (Requirements for Education Managing Institution for Nurturing Professional Manpower for Arbitration)
(1) “Requirements prescribed by Presidential Decree” in Article 6 (2) of the Act means any of the following:
1. Having a record of having provided education to nurture professional manpower for arbitration and excellent results therefrom;
2. Having a detailed and proper plan for management of curriculum of education to nurture professional manpower for arbitration;
3. Having educational facilities meeting any of the following requirements:
(a) Facilities shall be located at an appropriate place in terms of educational environment and health and hygiene;
(b) Ownership or leasehold of educational facilities shall be acquired during the period providing education after being designated as an education managing institution;
4. Securing at least five faculty members having qualification or work experience of any of the following:
(a) A person who has conducted research or given lectures, or has work experience for at least three years after obtaining a master’s degree in the area of dispute resolution including arbitration and mediation;
(b) A person with a doctoral degree in an area of dispute resolution including arbitration and mediation;
(c) A person with at least five years of work experience as an arbitrator or arbitration agent;
5. Having a group exclusively responsible for managing the curriculum for nurturing professional manpower for arbitration and at least two persons hired for management of trainees and curriculum;
6. Having an appropriate financing plan necessary to manage the curriculum including operating expenses of educational institutions.
(2) A person who intends to be designated as an education managing institution under Article 6 (2) of the Act shall submit to the Minister of Justice an application for designation as an education managing institution determined and publicly notified by the Minister of Justice.
(3) When the Minister of Justice receives an application for designation as an education managing institution under paragraph (2), he or she shall examine whether the application meets the requirements under paragraph (1) and may designate as an education managing institution by fixing the period within three years where the application is deemed to meet the requirements.
 Article 7 (Projects Necessary to Attract International Arbitration)
“Projects … prescribed by Presidential Decree” in Article 7 (2) 4 of the Act means any of the following:
1. Holding an international conference related to international arbitration;
2. Publicity activities for arbitral institutions and the arbitration system;
3. Research on improvement of the system related to international arbitration;
4. Education for nurturing professional manpower for arbitration;
5. Establishment and operation of the system to provide information related to international arbitration.
 Article 8 (Entrustment of Duties)
(1) “Institution, corporation, or organization prescribed by Presidential Decree” under Article 9 (1) of the Act means a non-profit institution, corporation, or organization the Minister of Justice recognizes and publicly notifies that specializes in the duties referred to in Article 9 (1) of the Act.
(2) Where the Minister of Justice entrusts the duties under Article 9 (1) of the Act, the following matters shall be published in the Official Gazette or publicly announced on the website:
1. Name of the non-profit institution, corporation, or organization entrusted with the duties;
2. Representative of the non-profit institution, corporation, or organization entrusted with the duties;
3. Location of the non-profit institution, corporation, or organization entrusted with the duties;
4. Details of the entrusted duties.
ADDENDUM
This Decree shall enter into force on June 28, 2017.